Act 3
Industrial Property Act
2014
(2) Upon any appeal to the court under this Act, the court may—
(a) confirm, set aside or vary the order or decision in question;
or
(b) exercise any of the powers which could have been
exercised by the registrar in the proceedings in connection
with which the appeal is brought; and
(c) make such orders as to costs as it may consider fit.
98. Suspension of release by customs authorities
(1) A rights owner, who has reasonable grounds for suspecting
that the importation of pirated goods may take place, may lodge an
application in writing with the court for the suspension of the release
into free circulation of those goods.
(2) A rights owner who initiates the procedure under subsection
(1) shall be required to provide adequate evidence to satisfy the court
that, there is prima facie infringement of the patent, utility model or
industrial design and supply a sufficiently detailed description of the
goods to make them readily recognisable by the customs authorities.
(3) In this section “rights owner” is the owner of a patent, utility
model or industrial design.
99. Expert witnesses.
The court may, appoint any person with expert knowledge to assist
the court in any case where it appears to the court that such
knowledge is required for the proper determination of the case.
100. Legal proceedings by licensee.
(1) Any exclusive licensee within the meaning of section 102(2)
may request the owner of the patent or the registered utility model or
industrial design to institute legal proceedings for a specific relief
with respect to any infringement specified by the licensee.
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